ISLAMABAD: Islamabad High Court (IHC) on Friday questioned the Ministry of Foreign Affairs (MOFA) whether they accepted the case of Afia Siddiqui as their own case or her private matter. 

According to the details, the case related to the health and release of Pakistani Dr. Aafia Siddiqui – detained in an American jail – was heard by Justice Sardar Ejaz Ishaq Khan in the Islamabad High Court (IHC). Fauzia Siddiqui, sister of Aafia Siddiqui, appeared before the court along with her lawyer Dr. Sajid Qureshi.

The Foreign Office official told the court that the decision of the US court sentencing Dr. Aafia Siddiqui in 2010 has not yet been provided to the government of Pakistan. In response, Justice Sardar Ijaz Ishaq said, “It is surprising that the Foreign Office has not received a copy of the decision of the American court in 12 years.”

The representative of the Foreign Office said that he had not read the decision on the punishment of Dr. Afia Siddiqui.

“The decision of the American court is available on the website of the US Department of State. The American court sentenced Dr. Aafia Siddiqui to 86 years in prison in 2010 on charges of terrorism,” Fauzia Siddiqui responded.

“Dr. Aafia’s American lawyer has filed a mercy petition with the government there. The US government had given Pakistan two options, to sign the international convention of the Council of Europe on the exchange of prisoners, and to make a bilateral agreement with the United States in this regard,” the representative of the Foreign Office replied.

The MOFA official added that this offer was made by the US in 2010. The Federal Cabinet approved the agreement in August 2013. The Council of Europe rejected Pakistan’s request in 2014.

Fauzia Siddiqui replied, “The reason for the Council of Europe’s refusal was the death penalty law in our country.”

“A summary of the agreement, called the Organization of American States Inter-American Convention on the Execution of Criminal Sentences, was sent to the Prime Minister. The Ministry of Law raised some objections to this summary,” the MOFA representative claimed.

In the objection of the Ministry of Law, it was mentioned, “After making such an agreement, is Pakistan ready to hand over Dr. Shakeel Afridi, who is wanted by America?”

The MOFA officer read out a diplomatic note of the US State Department in 2015 in the court, in which the US State Department said that even if the US Convention is signed, the political atmosphere in the US is not such that Dr. Aafia Siddiqui could be handed over to Pakistan.

“According to American law, Dr. Aafia Siddiqui’s request for a mistrial has also been rejected. Now, only the commutation petition is pending for which Pakistan has to make diplomatic efforts. A new mistrial petition may also be filed against Aafia’s conviction on the grounds of insufficient counsel or legal defense,” Fauzia Siddiqui replied.

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The court adjourned further hearing of Aafia Siddiqui’s case till September 28.